What If The At-Fault Party Is A Government Entity?
Individuals can sustain injuries anywhere, even on government property or as a result of the actions of a government employee. In these situations, a Texas personal injury victim may have to file a lawsuit against a government entity to recover compensation. However, claims against government entities are more challenging and come with a different set of rules than traditional personal injury claims in the state.
The Texas Tort Claims Act (TTCA) provides a framework for legal claims against government entities, including cities, counties, and the state itself.
Examples of Government Liability
Government entities can be held liable for a variety of incidents. Some common examples of the types of incidents that could arise as a result of a negligent government employee or entity include:
- Vehicle accidents. If a government-operated vehicle, such as a police car or city bus, is involved in a collision due to the driver’s negligence, the government entity can be held responsible.
- Premises liability. Slip and fall accidents or other injuries that may occur on government property due to poor maintenance or hazardous conditions can lead to claims under the TTCA.
- Negligence by government employees. If a government employee’s negligent actions during their employment cause harm, the government entity may be liable.
Understanding the Texas Tort Claims Act
The TTCA outlines the circumstances under which the government waives its sovereign immunity, allowing itself to be sued. Those harmed due to the negligence of a government employee or entity should be aware of the limitations of these types of claims, including:
- Limited liability. The TTCA caps the amount of damages that can be awarded to claimants. For municipalities, the cap is set at $250,000 per person and $500,000 per occurrence for bodily injury claims. For property damage claims, $100,000 per occurrence is the upper limit or compensation available.
- Notice requirements. Claimants must provide notice of their claim within six months of the incident, detailing the damage or injury, the time and place of the incident, and the incident’s circumstances.
- Exclusions and exceptions. Certain government actions are exempt from liability under the TTCA, including legislative, judicial, and certain discretionary functions. We encourage you to speak to your attorney about any exclusions or exceptions that could affect your particular claim.
Filing a Claim Under the TTCA
There are several steps that you can take to help improve your chances of a successful Texas Tort Claims Act case filing. This includes:
- Gather evidence. Collect all pertinent information regarding the incident, including photographs, witness statements, and medical reports.
- Provide notice. Ensure you meet the notice requirements specified by the TTCA to avoid dismissal of your claim.
- Consult with an attorney. Navigating the complexities of the TTCA is challenging. Working with an experienced personal injury lawyer in Laredo who is familiar with government claims is crucial.
Working With an Attorney
Suppose you or somebody you care about has been harmed due to the negligent actions of a government employee or entity in Texas. In that case, the path toward recovering compensation can be challenging. However, injury victims need monetary compensation for their losses; an attorney can help with these claims. A skilled personal injury lawyer in Texas will thoroughly understand the TTCA case filing requirements, including deadlines and filing procedures.
Let an attorney handle your case so you can focus on recovering from your injuries and getting back on your feet.